Jessup v. Smuck
Supreme Court of Pennsylvania
Error to the Common Pleas of York county. This was an action of ejectment by Jonathan Jessup, administrator with the will annexed of Joel Willis, deceased, against .Levi Smuck and Joel Fisher. A case was stated as if found by a special verdict, and to be subject to a writ of error, without oath, recognizance, &c. William Willis, of said York county, on the 30th'day of the seventh month, A. D. 1800, made his last will and testament in writing of that date.
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Error to the Common Pleas of York county. This was an action of ejectment by Jonathan Jessup, administrator with the will annexed of Joel Willis, deceased, against .Levi Smuck and Joel Fisher. A case was stated as if found by a special verdict, and to be subject to a writ of error, without oath, recognizance, &c. William Willis, of said York county, on the 30th'day of the seventh month, A. D. 1800, made his last will and testament in writing of that date. He died in September 1801; and the said will, on the 7th day of October 1801, was duly proved and recorded in the register’s office of said…
1Opinion of the Court
The opinion of the court was delivered June 16, by
Chambers, J.
William Willis, by his will, made in 1800, devised the lands in controversy to his “ son Samuel, and to his «heirs and assigns,” to have and to hold “to him my said son Samuel Willis, and to his heirs and assigns for ever, he or they paying thereout and therefor certain legacies.” And in a subsequent part of the will it is provided, “ and in ease, my said son Samuel should die before he marries, then all that part of-the estate which I have devised to him, in that case I give and devise to my son Joel Willis, his heirs and assigns,…
2Cases cited2 opinions
- Lessee of Hauer v. SheetzSupreme Court of Pennsylvania · 1807
- Denn v. WoodwardSupreme Court of Pennsylvania · 1793
3Cited by10 opinions
- Lockhart's EstateSupreme Court of Pennsylvania · 1932
- Kirkpatrick's EstateSupreme Court of Pennsylvania · 1924
- In re Estate of JacksonSupreme Court of Pennsylvania · 1897
- Stoner v. WunderlichSupreme Court of Pennsylvania · 1901
- Morrison v. Truby, Pennsylvania Court of Common Pleas, Armstrong County1891
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